I 111th CONGRESS 2d Session H. R. 4478 IN THE HOUSE OF REPRESENTATIVES January 20, 2010 Ms. Corrine Brown of Florida introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President to take actions to address the needs of children and families who are victims of a major disaster, and for other purposes.

1.

Short title

This Act may be cited as the Kids Wish II Act.

2.

Definitions

Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended— (1)in paragraph (9)(C) by inserting child care, after educational,; (2)in paragraph (10)(A) by inserting child care, after educational,; and (3)by adding at the end the following: (11)

Children

The term children means individuals who are 18 years of age or younger. (12)

Emergency child care

The term emergency child care means supervision, recreation, and other services offered by a State or local government (or a child care provider regulated by a State) for the purpose of providing nonparental care for children in the event of a major disaster or emergency. .

3.

Eligibility of for-profit child care facilities for disaster assistance

Title I of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding at the end the following:

103.

For-profit child care facilities

Notwithstanding any other provision of this Act, a private for-profit child care facility shall be eligible for assistance under this Act to the same extent as a private nonprofit child care facility.

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4.

Disaster planning

Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end the following:

327.

Disaster planning to address needs of children and families

(a)

State and local disaster planning

(1)

In general

The President shall encourage States and localities to include consideration of services and facilities for children within all phases of their disaster planning, training, and exercises. (2)

Services and facilities for children defined

In this subsection, the term services and facilities for children includes— (A)health and mental health services and facilities for children; (B)school services and facilities; (C)child care services and facilities; (D)services and facilities associated with early education programs, including the Head Start program; (E)juvenile corrections, detention, and court services and facilities; (F)child welfare services and facilities; and (G)residential care services and facilities for children, including residential treatment centers and group homes. (b)

National disaster planning

The President shall take such actions as may be necessary to include the provision of services and facilities for children within national planning activities, including the National Response Framework and the National Disaster Recovery Framework. (c)

Specific measurable capabilities of disaster plans

The President shall ensure, to the maximum extent practicable, that disaster plans for services and facilities for children, at a minimum, incorporate specific measurable capabilities for shelter-in-place, evacuation, relocation, family reunification, temporary operating standards, and accommodation of children with disabilities and chronic health needs and other special needs child populations.

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5.

Disaster assistance for child care services and facilities

(a)

Essential assistance

Section 403(a)(3) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(a)(3)) is amended— (1)in subparagraph (D) by inserting , child care, after schools; (2)by striking and at the end of subparagraph (I); (3)by striking the period at the end of subparagraph (J) and inserting ; and; and (4)by adding at the end the following: (K)provision of emergency child care and assistance to families for child placement in emergency child care. . (b)

Repair, restoration, and replacement of damaged facilities

Section 406(a)(3)(B) of such Act (42 U.S.C. 5172(a)(3)(B)) is amended by inserting child care, after education,. (c)

Federal assistance to individuals and households

Section 408(e)(2) of such Act (42 U.S.C. 5174(e)(2)) is amended— (1)in the paragraph heading by inserting child care, after transportation,; and (2)by inserting child care, after transportation,.

6.

Case management services

Section 426 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189d) is amended— (1)by inserting (a) In general.— before The President; and (2)by adding at the end the following: (b)

Program requirements

(1)

Emphasis on children and families

In carrying out this section, the President shall establish a single Federal disaster case management program with an emphasis on achieving tangible, positive outcomes for all children and families who are victims of a major disaster. (2)

Components

The program shall— (A)adequately address the physical health, mental health, nutrition, education, housing, transportation, and other human services needs of children and families who are victims of a major disaster; (B)provide for the involvement of nonprofit agencies that provide disaster case management services; (C)provide access to funding that supports all aspects of disaster case management, including direct services to survivors; (D)provide for a single point of contact for disaster assistance applicants who need a wide variety of services that may be provided by many different organizations; and (E)provide funding to support case manager training. .

7.

Assistance to meet needs of children and families

Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended— (1)by redesignating the second section 425, relating to essential service providers, as section 427; and (2)by adding at the end the following:

428.

Assistance to meet needs of children and families

(a)

Mass care shelters

(1)

In general

The President may provide mass care shelters for victims of major disasters. Such shelters shall provide a safe and secure mass care shelter environment for children, including appropriate access to essential services and supplies. (2)

Standards

In carrying out this subsection, the President shall— (A)develop and implement national standards and indicators for mass care shelters that are specific and responsive to children; (B)develop a list of essential age-appropriate shelter supplies for infants and children and fund the addition of child-specific supplies to caches for immediate deployment to support shelter operations; (C)ensure the implementation of standards and training to mitigate risks unique to children in shelters, including child abduction and sex offenders; and (D)ensure all shelter operators have access to a fast, accurate, and low-cost system for conducting national fingerprint-based criminal history background checks for shelter workers and volunteers. (b)

Housing

The President— (1)shall give priority to families with children in providing disaster housing assistance under this title; and (2)may provide financial and other assistance for individuals and families who are victims of a major disaster to ensure an expedited transition into permanent housing, especially for families with children who have disabilities or other special health, mental health, or educational needs. (c)

Evacuation

The President, in coordination with the heads of other appropriate Federal agencies, shall develop a standardized, interoperable national evacuee tracking and family reunification system that ensures the safety and well-being of children.

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8.

Disaster related information services

Section 616(a)(2)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196f(a)(2)(B)) is amended by inserting children and before individuals with disabilities.